Search Results for "Supreme Court " : 150

…ed to cases of religious liberty, reinstating the Sherbert test, requirements for strict scrutiny drawn from the Court’s Sherbert v. Warner decision and the passage of the bipartisan Religious Freedom Restoration Act (RFRA) of 1993. Later in 1997, the Supreme Court ruled in City of Boerne v. Flores that the RFRA is applicable to federal institutions. Though strict scrutiny is also applied to race and gender, litigation concerning religion is uniq…

…the controversial Patient Protection and Affordable Care Act. Without understanding the ruling, response to the Court’s decision should run along party lines: The Democrats were victorious. Paradoxically, however, the Supreme Court’s opinion is still a “sleeper victory” for conservatives. In the oral arguments for NFIB v. Sebelius, the government claimed the Affordable Care Act (ACA) was protected under Congress’ right to regulate commerce. Yet,…

…stitutional. However, Republicans played this issue correctly; rather than carrying on with an argument that the Court made the wrong decision, they simply stated that they stand ideologically with the four dissenting Justices and then reiterated their plan to repeal and replace Obamacare. Republicans understand that whether one agrees or disagrees with a Supreme Court ruling is relatively unimportant, because the decision of the Court is the fin…

…d slower in applying new ideas of social arrangements to the law. So is this [slowness] a major weakness in the court, then? I would say it’s definitely a weakness, but not necessarily a major one. Do you have any closing thoughts on the way the judicial empathy debate has played out? Yes: It has been interesting to see over the last 30 years how the public presentation of decisions, especially those of the US Supreme Court, a focus of great…

…he federal government. However, in Chicago, Burlington, & Quincy Railroad Co. v. City of Chicago (1897), the Supreme Court held that the due process clause in the Fourteenth Amendment gave this power, among others, to the states. But that power came with limitations. The first is “just compensation,” which is considered in most cases the equivalent of “fair market price.” This price may or may not equal the value of the property to the actual…

…until after the court has made its ruling, commented on the case during a press conference. He believes that the court will not rule the act unconstitutional, on the basis that doing so would be “judicial activism” and “an unprecedented, extraordinary step” since it was passed by a majority of members in the House and Senate. However, such a move would not be quite so unprecedented. The Supreme Court’s decision to overturn the National Industrial…

…ior senator and a Democratic stalwart, gave the filibuster an authentic feel when he began reminiscing about the courtship of his wife—his high school sweetheart—and the bluegrass country of his childhood. But serious issues were at stake. The heated debates over Estrada’s nomination to the second most powerful court in the nation offered a prelude to what will surely be an acrimonious fight over Supreme Court nominations. The filibuster also bro…

…a – has demonstrated the racially charged tone that the issue of immigration has adopted. On April 25, 2012, the Supreme Court is set to review the 9th Circuit’s decision on S.B. 1070 in Arizona, et al., Petitioners v. United States. The case is being brought to the Supreme Court after Arizona’s previous appeal of a lower-court decision blocked many of its provisions, and the Supreme Court will determine whether or not such a bill gives states to…

…light of a capital trial, forcing taxpayers to foot the exorbitant bill for cases that will never even arrive in court. These costs do not fade away after sentencing, though—appeals and petitions arise after that. The exact appeals process varies by state, but the following description of California’s appeals process captures the drawn-out complexity that most state appeals processes entail. In California, first, the California Supreme Court auto…

by Marissa Tjartjalis “The problem is that in Brazil you don’t convict. I’ve been in court for seven years, yet this is the second time we attempt to reach conviction. This course of action is still very novel to me and to other judges.” Judge Joaquim Barbosa is unhappy with his court’s conviction rate. He is closer to the rule than to the exception in a region that has suffered from a tainted judicial system since the establishment o…

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